Appellants in these consolidated appeals seek reversal of decisions of the Board of Directors of the Des Moines Independent Community School District made on January 18, and February 1, 2000, which denied their applica-tions for open enrollment out of the District beginning in the 2000-2001 school year. Mrs. Porter's application was denied because the District determined that the departure of this student would adversely effect the composite ratio of minority to non-minority students for the District as a whole. The Thomas' application was denied on the basis that the application was filed late without good cause.

The District has a formally adopted desegregation plan and open enrollment policy (Des Moines Board Policy Code 639). The policy prohibits granting open enrollment when the transfer would adversely impact the District's desegregation plan.

The policy also includes a provision for maintaining a district-wide ratio of minority to non-minority students (Policy Code 639). The Des Moines District's open enrollment policy has been upheld by the Polk County District Court in Des Moines Ind. Comm. Sch. Dist. v. Iowa Dept. of Education, AA2432(June 1, 1995). That decision upheld the Des Moines District Board's right to deny timely-filed open enrollment applications using the building-closed-to-open enrollment provision and the district-wide composite ratio.

The argument given by Mr. and Mrs. Thomas that they were not aware of the January 1 application deadline does not meet the "good cause" definition contained in the Iowa Code. Nor does it constitute a "similar set of circumstances consistent with the definition of good cause." Iowa Code ?282.18(14) (1999). This case is not one that is of such unique proportions that justice and fairness require the State Board to overlook the regular statutory provisions (Iowa Code ?282.18(18) (1999). Even if Mr. and Mrs. Thomas had met the deadline, their application would have been denied under the District's desegregation plan as discussed above.

That the decisions of the Board of Directors of the Des Moines Independent Community School District, made on January 18, and February 1, 2000, that denied Appellants' open enrollment requests be affirmed.